Opinion
Civil Action No. 3:09CV453.
September 29, 2009
MEMORANDUM OPINION
Petitioner, proceeding pro se, submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By Memorandum Order on July 30, 2009, the Court directed Petitioner, within fifteen (15) days of the date of entry thereof, to complete and return an affidavit in support of his request to proceed or pay the $5.00 filing fee. More than fifteen (15) days have passed and Petitioner has not returned the required in forma pauperis affidavit.
Petitioner has failed to pay the assessed fee or adequately explain any special circumstances warranting excuse from payment. Accordingly, the petition will be DISMISSED WITHOUT PREJUDICE.
The Clerk is DIRECTED to send a copy of the Memorandum Opinion to Petitioner.
An appropriate Order shall issue.